MOHAMMAD HANIF AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was appointed as Assistant Professor of Education in the 2nd respondent University at Hyderabad by order dated 25.01.2012. By order dated 28.04.2014 the 2nd respondent transferred the petitioner from Hyderabad Branch to College of Teacher Education Centre at Asansol, West Bengal. The transfer order is challenged in the writ petition on the ground that it is arbitrary, illegal and unconstitutional and in violation of the rights of the petitioner under Articles 14, 19 and 21 of the Constitution of India.

(2.) IT is the version of the petitioner that he suffered serious neurological and E.N.T issues for which he had to undergo surgery at Yashoda Hospital, Hyderabad, the empanelled Hospital of the 2nd respondent University in November, 2013. One part of the surgery relating to his left ear has already been done and the second surgery relating to the right ear is yet to be done. He says that the Doctors at Yashoda Hospital, Hyderabad advised him to attend for regular consultations and follow -ups and not to travel long distances. The petitioner was transferred along with 11 other Assistant Professors. The petitioner after receiving the transfer orders, brought to the notice of the 2nd respondent his health condition, but the transfer order has not been withdrawn so far. He submits that the transfer order of one Mrs.Taiyaba Nazli who was transferred under the very same impugned order has been stayed and she has been asked to continue at Hyderabad Branch of the 2nd respondent University, but in spite of his medical condition, the petitioners request to keep him at Hyderabad was not considered.

(3.) ACCORDING to the petitioner, the 2nd respondent university does not have any empanelled hospitals in any other part of the country, therefore, if he is transferred to any other part of the country, he would be necessarily required to come to Hyderabad on regular basis for treatment by the Doctors of the empanelled hospital at Hyderabad. Further, he submits that only in the empanelled hospital at Hyderabad there is cashless treatment available and the said facility is not available at the place where he was transferred.